1. Satyendra Narayan Singh
GNIT, Greater Noida.
2. Alok Mohan
RBMI, Greater Noida.
Now a days protection of Intellectual Property Rights has become a very essential aspect for every country because so many Intellectual Properties are of national interest. Copyright, patents, trademarks, designs and even natural resources contains national importance. TRIPS enforces a powerful mechanism for protection of Intellectual Property Rights. This paper seeks to provide an introduction to the role played by WTO to protect intellectual property, the basic provisions of the TRIPS Agreement, and recent TRIPS developments.
One of the most significant developments of the Uruguay Round of Trade Negotiations (1986-94) was the inclusion of intellectual property rights (IPRs) issues on the agenda of the multilateral trading system. The resulting Agreement on Trade-Related Intellectual Property Rights (TRIPS) is one of three pillar agreements, setting out the legal framework in which the World Trade Organization (WTO) has operated since the end of the Uruguay Round.
For the multilateral trading system, TRIPS marked the departure from narrow negotiations on border measures such as tariffs and quotas toward the establishment of multilateral rules for trade-affecting measures beyond borders. This move reflected underlying trends in international commerce. Due to the growth of trade in knowledge and information-intensive goods, the economic implications of imitation, copying, and counterfeiting had in many industries become at least as relevant for international commerce as conventional border restrictions to trade.
Yet the TRIPS negotiations on intellectual property were marked by significant North-South differences. Developed countries, which host the world’s largest intellectual property-producing industries, were the key advocates for comprehensive minimum standards of protection and enforcement of IPRs. By contrast, many developing countries, which see themselves mostly as a consumer of intellectual property, felt that stronger standards of protection would serve to limit access to new technologies and products, thereby undermining poor countries’ development prospects. Not surprisingly, the TRIPS Agreement remains one of the most controversial agreements of the WTO.
II. What are intellectual property rights?
Intellectual property broadly refers to creations which result from intellectual activity in the industrial, scientific, literary, and artistic fields. Over the course of history, different legal instruments for protecting intellectual property have emerged. These instruments differ in their subject matter, extent of protection, and field of application, reflecting society’s objective to balance the interests of creators and consumers for different types of intellectual works.
Intellectual property rights are the entitlements that are granted to people for their original creations. Ordinarily, intellectual property rights give the creators exclusive rights to use their creations for a specific period of time. There are two main branches of intellectual property with two quite different sets of concerns. The first is copyright which applies mostly to literary, musical, artistic, photographic and audiovisual works. In recent years, the notion of copyright has been expanded to include computer programs and data bases. The second branch is loosely coined industrial property. It can be further sub-divided into two areas. One is chiefly concerned with protecting signs of various sorts – trademarks and geographic indications (which are names for goods that are based on the location where the good is produced. Examples include "Champagne" and "Cognac"). The...